Adams & Adams client succeeds in action against counterfeiters

The South African Police Service has, in co-operation with well-known brand owners represented by Adams & Adams attorneys in South Africa, successfully prosecuted Papa Diop and Wide Road Import & Export CC for respectively dealing in and importing counterfeit goods in contravention of the Counterfeit Goods Act.

Diop was convicted of seven counts of contravening the Counterfeit Goods Act and was sentenced to a fine of R1 500 or one year’s imprisonment. He was also sentenced to two years’ imprisonment suspended for five years on condition that he is not convicted of contravening the Counterfeit Goods Act again within the period of suspension.

Wide Road Import & Export CC has been sentenced to a fine of R15 000.

The Counterfeit Goods Act provides that goods which are the result of counterfeiting may not be imported into the Republic of South Africa unless they are imported for the domestic and private use of the importer. Counterfeit goods may not be found in the possession or under the control of any person in the course of business with the purpose of dealing in those goods. Neither may they be sold, hired out, bartered or exchanged or be offered or exposed for sale, hire-purchase or exchange.

Any of the abovementioned activities stand in contravention of the Counterfeit Goods Act and will lead to civil and criminal liability.

Brand owners are making a concerted effort, on an international level, to combat the counterfeit goods market, which many believe is a source of income for the furtherance of serious crimes such as drug dealing, prostitution and human trafficking.

The speedy conviction of counterfeiters such as Papa Diop and Wide Road Import & Export CC by the state is a victory in the war against the infiltration of counterfeit products into the South African market.

Charne le Roux
Partner
Adams & Adams
CLR@adamsadams.co.za

Theuns van de Merwe
Candidate Attorney
Adams & Adams
Theuns-V@adamsadams.co.za